업무정지처분취소
1. The Defendant’s disposition of business suspension for six months against the Plaintiff on January 30, 2020 shall be revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff is operating a “Cmedical care center” (hereinafter “instant medical care center”) under the Long-Term Care Insurance Act for Long-Term Care in Young-gun, Young-gun, Young-gu.
B. A caregiver D, around 07:00 on November 15, 2019, suffered injury, such as impairment of a face value on the face of the victim, where stability per week is required for the victim, while leaving the victim’s face while he/she was drinking out of the victim’s house (hereinafter “victim”).
(hereinafter “the instant abuse”). C.
On January 30, 2020, the Defendant issued a disposition of suspension of business for six months pursuant to Article 37(1)6 of the Act on Long-Term Care Insurance for the Aged (hereinafter “instant disposition”) on the ground that a worker of a long-term care institution committed an act of assaulting or injuring a beneficiary’s body.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, 14 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Plaintiff’s representative and the head of the instant medical care center: (a) continuously provided elderly abuse prevention education to the employees of the instant medical care center at ordinary times; (b) installed CCTV; and (c) did not neglect to pay due attention and supervision concerning the pertinent duties to prevent the act of violating the employees, such as immediately retired from office in the event of the occurrence of elder abuse. Therefore, the instant disposition ordering the Plaintiff to suspend business, even if the Plaintiff was excluded from the subject of sanctions pursuant to the proviso to Article 37(1)6 of the Act on Long-Term Care Insurance for the Aged-gun, is unlawful; (b) it is difficult for the instant medical care institutions to accept all beneficiaries of the instant medical care center in light of its scale; and (c) most beneficiaries living in the instant medical care center suffer from old age